Shambhu Jha @ Shambhu Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9323 of 2021 Arising Out of PS. Case No.-208 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== SHAMBHU JHA @ SHAMBHU KUMAR JHA Son of Binod Jha Resident of Village- Mahinam, P.S.- Bahera, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sameer Ranjan For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2021 Heard the learned counsel for the petitioner and t he learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bahera P.S. Case No. 208 of 2020 instituted for the offences under Sections 147, 149, 341, 323, 325, 307, 379, 504 and 506 of the Indian Penal Code. The petitioner and one Gautam Jha are said to have assaulted Abhishek Jha by means of an iron rod. He has received three injuries one of which is stated to be grievous in nature.

Mr. Ranjan, the learned counsel for the petitioner has argued that the grievous injury is by a sharp cutting

Patna High Court CR. MISC. No.9323 of 2021(2) dt.20-12-2021 2/2 weapon which, therefore, cannot be attributed to the petitioner.

However, regard being had to the background facts where some protest was made because of public drinking by the accused persons and in retaliation to the aforesaid, the assault took place, I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected. Should the petitioner surrender before the Court below and seek bail, all the above-noted facts shall be taken into account and an order shall be passed without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T